SRC-TAG S.B. 1737 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1737
By: Van de Putte
Education
4/15/2003
As Filed


DIGEST AND PURPOSE 

Current law gives the each school board discretion to develop its own
rules about the length of a Disciplinary Alternative Education Program
(DAEP) placement.  Section 37.009 (a) provides that, after a conference
among the principal (or other appropriate administrator), a parent or
guardian of the student, the teacher removing the student from class, and
the student, the principal shall order the placement of the student for "a
period consistent with the student code of conduct."  According to Section
37.009 (c), this may include a period that extends beyond the end of the
school year if the school board determines that the student's presence in
class/campus presents a danger of physical harm to the student or other
individual or has engaged in serious or persistent misbehavior that
violates the student code of conduct. 
 
S.B. 1737 amends Sections 37.009(a) and (c) Texas Education Code to
establish a ten day  limit on the length of time that a student may be
assigned to a disciplinary alternative education program, unless the high
school principal and/or the board of trustees of a school district
determine that the student to be removed has presents a danger of physical
harm to the student or to another individual; or that the has engaged in
serious or persistent misbehavior that violates the district's student
code of conduct.   
 
Section 37.006 of the Education Code provides that students who have been
acquitted of offenses, or students with charges that have been dismissed
for lack of prosecutorial merit, may still be held in DAEPs if school
officials feels the student may threaten the safety of other students or
teachers. School officials must make this decision within three class days
of receiving the notice.  

S.B. 1737 amends Section 37.006 (h) concerning the review of notice of the
student's acquittal/dismissal. This bill requires that the student be
returned to his/her regular classroom immediately after the school
official reviews and verifies the notice of the student's acquittal or
dismissal from prosecution, unless, after receiving relevant information
from the student's parent, it is determined by the superintendent that the
student still threatens the safety of other students or teachers. S.B.
1737 also clarifies language concerning mandatory parent involvement in
the officials' review of the notice of the student's acquittal/dismissal. 


RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 37.006(h) and (i), Education Code, as follows:

(h)  Requires the superintendent or the superintendent's designee, on
receipt of notice under Article 15.27(g) (Notification to Schools
Required), Code of Criminal Procedure, or any other comparable notice that
provides information regarding acquittal of a student or refusal to
prosecute the student in connection with conduct for which the student was
placed in an alternative education program, to verify the contents of the
notice and review the student's placement in the alternative education
program.  Prohibits the students from  being returned to the regular
classroom pending the verification and review.  Requires the
superintendent or the superintendent's designee to complete the
verification and review, rather than schedule a review of the student's
placement with the student's parent or guardian, not later than the class
day following the day, rather than the third day after, the superintendent
or designee receives notice and to return the student to the student's
regular classroom immediately after completing the verification and review
unless the superintendent or designee determines that  there is reason to
believe that the presence of the student in the regular classroom
threatens the safety of other students or teachers.   Deletes existing
text regarding the verification and review and continued alternative
education placement.  Requires the superintendent or designee, in
reviewing a student's placement under this subsection, to provide the
student's parent with an opportunity to provide any information relevant
to the review. 

(i)  Authorizes the student or the student's parent or guardian to appeal
a decision under Subsection (h) to retain the student in the alternative
education program to the board of trustees (board).  Prohibits the student
from returning to the regular classroom pending the appeal.  Requires the
board, at the next scheduled meeting, to review the notice described by
Subsection (h), rather than provided under Article 15.27(g), Code of
Criminal Procedure, receive information from the student, the student's
parent or guardian, and the superintendent or designee, and confirm or
reverse the decision under Subsection (h).  Makes conforming changes. 

SECTION 2.  Amends Sections 37.009(a) and (c), Education Code, as follows:

(a)  Authorizes the principal to order placement for a period that exceeds
10 days only if the principal makes the determinations described by
Subsection (c). 

(c)  Requires the board or the board's designee, before it may place a
student in an alternative education program for a period that exceeds 10
school days, to make certain determinations.  

SECTION 3.  Repealer: Section 37.006(k), Education Code regarding (removal
of certain conducts). 

SECTION 4.  Provides that this Act applies beginning with the 2003-2004
school year. 

SECTION 5.  Effective date: upon passage or September 1, 2003.